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On April 9, 2026, Judge Stephen Bough ruled that Berkshire Hathaway Energy (BHE) cannot escape liability for real estate commission antitrust claims — even though its subsidiary HomeServices of America already settled for $250 million. BHE must now face trial.
Active — Trial Pending
Ruling: April 9, 2026
Berkshire Hathaway Energy
Parent of HomeServices of America
$250M (HomeServices)
Did not shield BHE parent
$373.3B (Berkshire)
Parent company cash reserves
To understand this case, it helps to understand the corporate hierarchy. Berkshire Hathaway Inc. — the conglomerate run by Warren Buffett — owns Berkshire Hathaway Energy (BHE), which in turn owns HomeServices of America, one of the largest residential real estate brokerage networks in the United States.
HomeServices operates or franchises dozens of regional brokerages under brands including Berkshire Hathaway HomeServices, Long & Foster, Edina Realty, Ebby Halliday, and others. In 2024, HomeServices settled commission antitrust claims — stemming from the landmark Sitzer/Burnett case — for $250 million, one of the largest individual brokerage settlements in the litigation wave.
Plaintiffs, however, argued that the liability did not stop at HomeServices. They contended that BHE itself — as the direct parent company that directed, funded, and benefited from HomeServices' operations — was also a co-conspirator in the alleged scheme to inflate buyer-broker commissions. BHE fought back, arguing that as a "single enterprise" with HomeServices, the subsidiary's settlement should release the parent.
Judge Stephen R. Bough — the same judge who presided over the original Sitzer/Burnett trial — ruled that Berkshire Hathaway Energy must face trial on real estate commission antitrust claims. The ruling rejected BHE's central argument that the HomeServices settlement shielded the parent company.
The "single enterprise" doctrine holds that a parent and its wholly-owned subsidiary are so integrated that they cannot conspire with each other under antitrust law. BHE argued this doctrine meant that HomeServices' $250M settlement should release BHE from further liability. Judge Bough disagreed, finding that BHE's own conduct and involvement in the alleged conspiracy was sufficient to hold it independently liable.
Plaintiff attorney Michael Ketchmark — who also led the Sitzer/Burnett trial team — stated that BHE was "propping up this conspiracy to pick the pockets of homeowners."
Reuters: Full coverage of the April 9 rulingJury finds NAR and brokerages (including HomeServices) liable for $1.8 billion in damages (trebled to $5.4B under antitrust law). The verdict sets the stage for related claims against the corporate hierarchy.
HomeServices of America, the direct BHE subsidiary, agrees to pay $250 million to settle commission antitrust claims. BHE argues this should shield the parent company from further liability.
Plaintiffs file separate antitrust class action against Berkshire Hathaway Energy as the parent entity, alleging BHE's own conduct makes it independently liable beyond the HomeServices settlement.
Judge Stephen Bough rules Berkshire Hathaway Energy must face trial. The HomeServices $250M settlement does not shield BHE. Case proceeds toward trial.
Following the April 9 ruling, the parties will proceed through pretrial motions and discovery. A trial date is expected to be set in late 2026 or 2027, though a settlement remains possible.
If you sold a home through a HomeServices-affiliated brokerage (Berkshire Hathaway HomeServices, Long & Foster, Edina Realty, Ebby Halliday, etc.), you may already have a claim under the $250M HomeServices settlement.
The BHE case is a separate, additional action. If it results in a settlement or verdict, there may be a second claims process in the future.